2014 PLP 1381 (CLC)

MUHAMMAD KAMRAN KHAN MULAKHAIL, J.

The nomination papers of the petitioner were accepted by the Returning Officer (respondent No.1) and said acceptance order was assailed by the respondent No.2 in Appeal No.12 of 2013 before the Appellate Authority District Judge, Dera Allahyar, who vide order, dated 18-11-2013, accepted the appeal and rejected the nomination papers of petitioner. The petitioner through instant petition has sought direction to respondents for including his name in the list of validly nominated candidates of Ward No.2 of Municipal Committee, Usta Muhammad.

2. The learned counsel for the petitioner contended that the petitioner is enrolled as voter in electoral roll of Union Council Aliabad of District Council Jaffarabad and submitted the nomination papers from two constituencies, one, where his name exists and another for Ward No.2 of Municipal Committee, Usta Muhammad. However, on verbal assurance of the Returning Officer/ADC, Jaffarabad (respondent No.1) he withdrew from Union Council Ali Abad, therefore, he may be allowed to contest the election from Ward No.2 of Municipal Committee, Usta Muhammad.

3. The perusal of record with the memo of petition further reveals that the name of the petitioner is in Ward No.7 of Municipal Committee Usta Muhammad where, he had also submitted the nomination papers, which too, was withdrawn and nomination papers of the petitioner were accepted for Ward No.2.

4. To better understand the controversy it would be advantageous to reproduce relevant provisions of sections 23 and 24 of Balochistan Local Government Act, 2010 ("the Act") as under:

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23. Electoral Rolls: (2) The Electoral Roll the local council shall be prepared by the Election Commission in the manner it may deem appropriate or adopt the electoral rolls prepared for the elections of Provincial Assembly and the electoral rolls shall not be invalid by reason of any erroneous description therein of any person listed or of an omission of any person entitled to be enrolled or the inclusion of name of any person not so entitled. (3) Every person, whose name is entered in the electoral roll, and no person, whose name is not so entered shall be entitled to cast a vote at an election to the local council

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24. Qualification for candidates and elected members. (1) A person shall qualify to be elected or to hold an elective office or membership of local council if, he (c) is enrolled as a voter in the electoral of the relevant ward:" Therefore the Election Commission of Pakistan and the Provincial Election Commissioner are the sole authorities to achieve the object of the Act in respect of election of local bodies.

5. The matter of inclusion or exclusion of any name in the electoral roll is governed by the Electoral Rolls Act, 1974 ("the Electoral Rolls Act"). The election schedule for the coming local bodies elections was announced by the Election Commission of Pakistan on 31-10-2013; hence section 20 of the Electoral Rolls Act (reproduced here under) is applicable. "

20. No correction to be made after constituency called upon to elect. No revision or correction of any electoral roll for an electoral area shall be made nor shall any order under section 19 be made in respect of any electoral roll at any time after the constituency of which such electoral area forms part has been called upon to elect its representative and before such representative has been elected."

6. A comparison of the referred to sections of the said two enactments suggests that the legislatures in their wisdom included and validated the electoral rolls prepared for the election of Provincial Assembly which shall not be rendered invalid by reason of any erroneous description therein of any person listed or of an omission of the name of any person entitled or of inclusion of the name of a person not so entitled. The electoral rolls prepared before the general elections held on 11th May, 2013 can be used in the forthcoming local bodies elections and prior to the announcement of the election schedule dated 31st October, 2013, sufficient time was provided to seek correction of the electoral roll. At this belated juncture the electoral roll cannot be corrected in view of the bar contained in section 20 of the Electoral Rolls Act. Moreover the election schedule has also been announced.

7. The petitioner intends to contest the election but he had not checked as to whether his name was incorporated in the electoral roll, despite having a fair and reasonable opportunity spreading over a period of more than five months i.e. from 12th May, 2013 to 30th October, 2013. It is suffice to observe that respondent No.1 has acted in utter violation of applicable law, when all three nomination papers filed from three different constituencies have been accepted, although, the petitioner subsequently withdrew from two constituencies. He now wants to contest an election from the constituency of his own choice. The provisions of section 20 of the Electoral Rolls Act, 1974 and section 24(1)(c) of the Balochistan Local Government Act, 2010 are a bar in doing the same. These are the reasons for our short order dated 22-11-2013. whereby petition was dismissed in limine. AG/33/Bal. Petition dismissed.